Guardianship vs Supported Decision Making in Rhode Island

The 2024 Law Changed the Default

Before June 2024, Rhode Island families could petition directly for adult guardianship through municipal probate court. Senate Bill 2024-S 2112 and House Bill 2024-H 7239 changed the process: probate courts must now consider Supported Decision-Making (SDM) as a "least restrictive alternative" before granting limited or full guardianship. Judges are required to review the Decision-Making Assessment Tool (DMAT) findings and confirm that less-restrictive options — SDM agreements, Powers of Attorney, Representative Payees, Living Wills — are insufficient before stripping an individual of their legal rights.

This isn't a suggestion. It's a statutory mandate. Families arriving at probate court without evidence that they've explored SDM first will face procedural delays.

How Supported Decision-Making Works

Under the Supported Decision-Making Act (R.I. Gen. Laws § 42-66.13-1 et seq., enacted 2019), an adult with a disability keeps their full legal decision-making authority while designating one or more supporters to help with specific areas of their life.

The agreement must meet strict statutory requirements:

• Written and signed by the principal (the adult with the disability) and all designated supporters
• Executed in the presence of either a notary public or two adult witnesses
• Witness restrictions: witnesses cannot be named supporters, employees of a supporter, paid service providers to the principal, or anyone who doesn't understand the principal's mode of communication
• Supporter declarations: each supporter signs a separate document acknowledging their relationship, willingness to act, and understanding of their role

The agreement specifies which decision areas the supporter assists with (financial, medical, housing, daily living) and which areas are excluded. It can be modified or revoked in writing at any time by either the principal or a supporter. The principal retains ultimate authority over all decisions.

The cost: nothing. SDM doesn't require court filings, lawyer fees, or newspaper advertising.

When Guardianship Is Still Necessary

SDM works when the individual can participate in decisions with support. For some adults with profound intellectual disabilities or complex medical conditions who cannot meaningfully engage in the decision-making process even with help, guardianship remains the appropriate path.

Rhode Island offers two levels:

Limited guardianship restricts the guardian's authority to specific areas where the individual lacks capacity (e.g., medical decisions only, or financial decisions only). This preserves autonomy in areas where the person can function independently.

Full guardianship transfers comprehensive decision-making authority to the guardian. Courts grant this only when the DMAT assessment demonstrates that the individual lacks capacity across all major life domains.

The DMAT (Form PC-2.5) Requirement

Any guardianship petition requires a completed Decision-Making Assessment Tool — Form PC-2.5, available from the Rhode Island Secretary of State's probate forms portal. This five-page document must be completed based on a physical and clinical evaluation by a licensed physician. It evaluates the individual across biological, psychological, and social domains, specifically assessing functional capacity in financial, healthcare, relationship, and residential decision-making.

Under local administrative rules (Barrington's rules are representative), the completed DMAT must be submitted to the probate court clerk at least three days before the scheduled hearing.

Filing the Guardianship Petition

Because Rhode Island runs a decentralized municipal probate system — 39 cities and towns, each with its own court — the filing goes to the probate court in the municipality where the individual resides. The petition form is PC-2.3 (Petition for Limited Guardianship), available from the same Secretary of State portal.

Costs vary by municipality. Bristol charges a $34 petition fee plus $154 in mandatory newspaper advertising (or $94 with a signed waiver). Warwick adds a 1% inventory tax on personal assets exceeding $3,000. Pawtucket requires a mandatory police background check for prospective guardians.

Making the Choice

The practical framework: if your young adult can communicate preferences and participate in decisions with assistance, start with SDM. It's free, it preserves legal rights, and under the 2024 law, the court expects you to have considered it first.

If SDM isn't sufficient — if your young adult cannot meaningfully engage in decisions even with support — pursue limited guardianship for the specific domains where capacity is lacking. Full guardianship should be a last resort for individuals with the most profound needs.

The Rhode Island SSI at 18 & Adult Disability Benefits Guide includes the SDM Execution Worksheet and the Municipal Probate Court Worksheet, covering the step-by-step filing requirements for both pathways.

See more Rhode Island guides →